Continuous service of 40 years as a daily wager entitles the petitioner to pensionary benefits from the date of initial appointment, not from the date of regularization.

JUDGMENT :

S.N. PATHAK, J.

1. Heard the parties.

2. At the very outset, petitioner confines his prayer for granting the pensionary benefits from the date of initial appointment i.e. 01.10.1981 and not from the date of regularization i.e. 18.10.2021.

Further prayer has been made to release all the retiral benefits of the petitioner and fix the pension since petitioner has already superannuated from the service on 31.12.2022.

3. Shorn of unnecessary details, the petitioner was initially engaged on daily wages basis in the respondent-Department on 01.10.1981 at Rural Engineering Organization, Works Sub-Division, Chaibasa as ‘Roller Driver’ and since then he has continuously worked and performed his duty. Thereafter, by Office Order dated 19.10.1981, the petitioner was engaged as Jeep Driver on daily wages basis. Again on 26.05.1995, the petitioner was further appointed as Roller Driver and since then he was working as Roller Driver. It is the further case of petitioner that he was appointed on sanctioned and vacant post in a permanent Establishment. Though petitioner had worked continuously for 40 long years but the respondents had not regularized his services. Aggrieved thereto, the petitioner filed W.P. (S) No. 66 of 2020, in which vide order dated 09.11.2020, this Court directed the concerned respondents to regularize the services of the petitioner. When the order of the Court was not complied with, petitioner preferred Contempt, however, later on the same was dropped as the respondents had regularized the services of petitioner w.e.f. 18.10.2021 as Roller Driver. Thereafter, petitioner joined the services with objection that his service be regularized from the date of his initial appointment and not from 18.10.2021.

4. It is the further case of the petitioner that the respondent-authorities rectified the order dated 18.10.2021 and instead of Roller Driver under Work Charge Employee, services were regularized as Roller Driver under Daily Wages Employee on 30.10.2021. The petitioner was compelled to opt for New Pension Scheme though he was entitled for Old Pension Scheme as he was working since 1981. Thereafter, the petitioner filed several representations for granting the benefits of Old Pension Scheme and during the pendency of the instant writ petition, petitioner retired from service w.e.f. 31.12.2022 vide letter dated 27.12.2022. However, when no heed was paid to the grievances of the petitioner, he was compelled to knock the door of this Court.

5. Learned counsel for the petitioner vociferously argues that petitioner had worked for more than 40 years in the permanent Establishment of the respondent-Department on Muster Roll as daily wage employee and he is entitled for regularization since 01.10.1981. It has been further argued that though services of the petitioner was regularized from 18.10.2021 but the same ought to have been considered from 01.10.1987 for granting the pensionary benefits. Placing heavy reliance on the judgment of Hon’ble Apex Court in case of the State of Gujarat & Ors. Vs. Talisibhai Dhanjibhai Patel [Special Leave to Appeal (C) No. 1109 of 2022] and submits that in view of observations of the Hon’ble Court petitioner is entitled for pensionary benefits from the date of initial appointment and not from the date of regularization. It has been fairly submitted that petitioner is not claiming salary from the date of initial appointment since he was regularized on 18.10.2021 but he should be considered for pensionary benefits from the date of initial appointment as he has rendered 40 years of unblemished service career in permanent Establishment of the respondent-department on Muster Roll.

6. Learned counsel appearing for the respondent-State opposes the contention of learned counsel for the petitioner and emphatically argues that as the services of the petitioner was regularized from 18.10.2021, he is not entitled for pensionary benefits from the initial date of appointment. Learned counsel submits that petitio